Excerpt: ...e 2020 GMC Sierra 2500 ("the Subject Vehicle"). Plaintiff's complaint alleges that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to engine, electrical, brakes, suspension, steering, HVAC, exterior, and transmission. The complaint contains causes of action against GM for violation of the Song-Beverly Act for breach of an express warranty and for breach of impl...

Excerpt: ...Welf. & Ins. Code ("WIC")) S 15600 et seq.; 3) wrongful death caused by medical malpractice. This matter is on calendar for two (2) motions. First, Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP S 430.10(f) for uncertainty, Second, Defendant's moton to strike pursuant to CCP S 435 et seq. Of note, Plaintiff's Opposition to the...

Excerpt: ... N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 20...

Excerpt: ...es that she was on October 24, 2022, lawfully walking in the parking lot of the Premises, through the landscaping section of the Premises, in order to enter the Yogurt Time business on the Premises, when she tripped and fell as a result of an overly high and dangerous curb. She complains that Defendants negligently owned, operated, and maintained the Premises, causing the dangerous condition. The complaint identifies two causes of action: 1) negl...

Excerpt: ...are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43...

Excerpt: ...e"), Lloyd T. Phillips ("Lloyd"), Phillips Trust, and Phillips J & S Family Trust ("JS Trust") breached an agreement (the "Agreement") to manage the Property as a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks suc...

Excerpt: ...hat it entered into an agreement with the County to be the exclusive provider of emergency ground ambulance services in a central zone of Sonoma County known as Exclusive Operating Area 1 ("EOA-I") ("the Agreement"). AMR alleges that despite this Agreement, as part of a settlement agreement with the Sonoma County Fire District ("SCFD"), the County secretly agreed to allow SCFD to operate in EOA-I on a backup, stand-by, and/or mutual aid basis. AM...

Excerpt: ...ments violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheathing is compromised with rot above a window. Plaintiffs named several de...

Excerpt: ... common counts. On May 11, 2022, Defendant filed an answer. On June 17, 2022, Plaintiff served Requests for Admissions, Set One ("RFAs"), on Defendant. Plaintiff subsequently moved the court to order the Requests for Admissions, Set One, be deemed admitted against Defendant. The court granted the motion in full after the hearing of December 14, 2022. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint again...

Excerpt: ...ction for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendants' motion for dismissal or a stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote judicial effic...

Excerpt: ...nd several liability between the bite alleged to have been inflicted by a husky and the nip from Lee's dog. The motion is DENIED. Lee's objection to Murillo's motion being untimely is overruled. Lee has not demonstrated prejudice. Lee's objections, numbers 1-16 are overruled. Plaintiff Vanessa Garretson ("Garretson") filed her complaint on July 15, 2021, against DOE defendants. The complaint alleges causes of action for general negligence and str...

Excerpt: ...ed the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $3,514.10, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on January 10, 2023 and obtained a default judgment against them on March 6, 2023 for $4,412.26. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included one set...

Excerpt: ... he suffered during the course of that employment. This matter is on calendar for the petition (styled as a "motion") by the Medical Group to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Providence has filed a joinder tothe petition. Defendants' petition to compel arbitration and stay proceedings is GRANTED. Facts and Procedure This matter arises out of an employment relationship between the Plaintiff and Annadel. Plainti...

Excerpt: ...ce of Deposition of Defendant GM's PMK and requests for production of documents with the deposition to take place on January 17, 2023. (Sogoyan decl., 914, Exhibit 3.) On January 10, 2023, GM provided its response. (ld., 915.) The response consisted of general introductory objections as well as objections to each category of matters for examination. (ld., Exhibit 3.) In response to some examination requests, GM stated that without waiving its obj...

Excerpt: ...of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs Mark Stokes ("Stokes"), Larissa May Torkelson Smith ("Torkelson"), and John Fradelizio ("Fradelizio") (collectively, Stokes, Torkelson, and Fradelizio are the "Individual Plaintiffs"), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. ("ABD"), seek declaratory relief regarding their ability to compete with Defend...

Excerpt: ...ed Agreement") between Plaintiff Uponor, Inc. and Defendants Frederick and Linda Hecht to resolve certain claims in an underlying action. In the underlying action, Defendants brought claims against Plaintiff, a general contractor, and a plumbing subcontractor for property damage allegedly caused by Plaintiff's improperly manufactured tubing, which was subsequently improperly installed by the subcontractor. Defendants asserted various causes of ac...

Excerpt: ...sts of two assessor's parcels, one without street frontage (the "Rear Parcel") and one along West Spain Street (the "Front Parcel"), and the Mattson Property borders real property at 10 West Spain Street, Sonoma, which belongs to Defendant State of California (the "State"). Plaintiff alleges that the Property at issue is a "sliverof land" running the entire property boundary between the Front Parcel and the State Property, about 157 feet long and...

Excerpt: ...motion was entered on April 18, 2022. Defendants Rachel Averbuck ("Averbuck") and Jennifer Jill Hale ("Hale") on February 24, 2022, filed a motion to compel Plaintiff to attend an independent medical examination ("IME"). Defendant Jenna Lynn Riley ("Riley") joined in the motion. Plaintiff, now self represented, on May 13, 2022, filed a "Request for Case to be Put on Hold While Seeking New attorney," in which she informed the court that she was se...

Excerpt: ...s failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the alleged wife of Steve, Mary Bates ("Marv") (collectively, "Cross Complainants"), filed a cross-complaint against Plaintiff as well as Plaintiff's alleged principal, Michael Stutes ("S...

Excerpt: ...nd slipped and fell due to water on the floor. Defendant's employees or agents responded, told Plaintiff to stay put, and called 911. Plaintiff alleges he incurred wage loss, hospital and medical expenses, general damage, and loss of earning capacity as a result of the fall. In their motion, Defendant states that Plaintiff was supplied as a room attendant by the staffing agency; Porter Pros, to work at the Fairmont. Defendant argues that the Fair...

Excerpt: ...ierrez ("Gutierrez"), (all together, "Cross-Defendants"), Ashley Eib ("Eib"), Marie Young ("Young", dismissed), Margherita Gudenzi ("Gudenzi", dismissed), Michael Sean McGuire ("McGuire", now dismissed), and Does 1-50 alleging fifteen causes of action. This matter is on calendar for the moton by the Cross-Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). The Motion is GRANTED in ...

Excerpt: ...breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The unopposed Motion is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in...

Excerpt: ...r the petition (styled as a "motion") by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is CONTINUED to August 18, 2023. The Basis for the Motion Defendant moves to compel arbitration based on arbitration agreements allegedly signed by each of the Plaintiffs on January 18, 2022. See Declaration of Deisy Hernandez, Exhibit A (the "Arbitration A...

Excerpt: ...NTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses received. (...

Excerpt: ...llegedly owes it on a credit account which it purchased from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022, with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant...

Excerpt: ...Emergency Medical Services under Health and Safety Code secton 1797, et seq., the competitive proposal process under Health and Safety Code section 1797.224, and Sonoma County's potential ant-trust liability and immunity. Defendant argues that this lawsuit also involves exclusive operating areas for Emergency Medical Services and the competitive proposal process under Health and Safety Code section 1797.224. Therefore, Defendant argues that this ...

Excerpt: ...a ("the Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets to Defendant Lonestar Inves...

Excerpt: ..., complains that Defendants have improperly attempted to foreclose on a deed of trust ("DOT") recorded against the Property to secure a mortgage loan (the "Loan"). She asserts the following causes of acton: 1) Defendants violated Civil Code ("CC") section 2923.5 by failing to notify her about possible foreclosure and waiting 30 days after notice before recorded the notice of default ("NOD"); 2) Defendants violated CC secton 2924(a)(1) because the...

Excerpt: ... 2023, Plaintiff filed a full acknowledgment of satisfaction of judgment, but this does not render the motion moot because Defendant seeks, and is entitled to, attorney's fees and costs. Facts and History Asserting common counts, Plaintiff filed this action to collect money which it alleged Defendant owed. Defendant failed to appear to defend the action so on October 8, 2020, Plaintiff obtained an entry of default against Defendant, followed by a...

Excerpt: ...n behalf of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP under a loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly entered into an agreement to sell a general partner interest. The action has seen significant litigation since it was filed, including a motion by DFLP, joined by Lynn and the other pa...

Excerpt: ...were ultimately found to owe substantial unpaid taxes and penalties. Plaintiffs allege that they are winemakers operating a business as DNA Vineyards (the "Business"), they hired Defendant, a certified public accountant ("CPA"), to provide the services and prepare and file their tax returns starting with their 2014 return, Defendant initially prepared an amendment to their 2013 return before preparing and filing their returns for the 2014 through...

Excerpt: ...acated because the parties reached a settlement which awarded Plaintiff attorneys' fees and costs, but left the matter to further stipulation or order of the Court. This matter is on calendar for Plaintiff's motion for attorneys' fees and costs pursuant to the parties' settlement agreement and Cal. Civ. code S 1794. The Motion is GRANTED, in the amount of $81,328.58. The Basis for Fees Cal. Civ. Code S1794(d) provides: "Ifthe buyer prevails in an...

Excerpt: ...at she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to consttute a cause or causes of action against the defendant and the answer does n...

Excerpt: ..., according to the explanation in the motion, Plaintiffs have removed any claim for, or reference to, punitive damages. Plaintiffs attach a copy of the proposed SAC. There is no opposition. Service Plaintiffs filed proof of service for this motion showing only electronic service on an attorney, Caitlyn M. Harris ("Harris") but Defendant has not appeared in this action in any way and Harris is not her attorney of record. Service is therefore defec...

Excerpt: ...principal amount lent plus applicable interest and finance charges for charges he made to the credit card for goods, services, or cash advances. (ld. at "14-5.) Adams' current balance on the credit card is $13,373.78, for which no payments have been made since November 29, 2022, but regarding which there have been no payment disputes claimed. (ld. at 5-13.) We Is Fargo brought this action against Adams alleging causes of achon for: (1) breach of ...

Excerpt: ...he presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, Jr. 1999 Dated May 8, 1999 (the "Trust"), and John A. Kelly ("John", together with William, "Cross-Defendants") arising out of Cross-Defendant's alleged mishandling in managing the affairs of the Trust. This matter is on calendar for Thomas's motion for sanctions against John's counsel, Mark Clausen ("...

Excerpt: ...ed to as NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege t...

Excerpt: ...ction 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. It clouds title and prevents the transfer of the property until the litigation is resolved. Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523. It is a remedy which must be ...

Excerpt: ...ecklessly caused an automobile accident on State Route 29 in Napa, California, near Imola Avenue which resulted in Decedent's death. He adds that Jevarian was intoxicated or under the influence of alcohol at the time, having consumed alcohol before the accident despite knowing that she would be driving. He complains also that the accident resulted wholly or partly from a dangerous condition in the signage and configuration of that intersection an...

Excerpt: ...which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1.) At the time, Decedent's registered domestic partner was a real party in interest, Donna Starr ("Starr"). (ld. at Exhibit A, pg. 2, '1 2.) Decedent listed Starr as a beneficiary when she retired in 2015 and started receiving a monthly retirement benefit of $4,884.63. (ibid.) Decedent separated from Starr in 2017 and marr...

Excerpt: ...fendant, among other things, failed to provide rest breaks, provide meal breaks, pay overtime, pay timely wages, or keep complete and accurate payroll records. Defendant moved to strike PAGA claims. The court on March 16, 2022 partly granted the moton and partly denied the moton. The court granted the motion as to PAGA claims regarding the allegation that Defendant failed to reimburse business expenses. The court otherwise denied the motion, spec...

Excerpt: ...ease agreement. Plaintiffs allege that Defendants Patrick King and David Samson planned to surreptitiously transfer the lease for the property originally executed on December 19, 2017 by Jammie King, Patrick King, and Ann Hathaway (as lessors) to Defendant Seed 2 Soul by talking Plaintiff into signing a sublease under false pretenses on November 5, 2018. Plaintiffs allege: A. The sublease was a ploy to remove Plaintiff King from the original leas...

Excerpt: ...p.4th 995, 999; Sykora v. State Dept. of State Hospitals (2014) 25 Cal.App.4th 1530, 1534.) Defendant Jennifer Vertz' counsel shall submita written order that is consistent with this ruling and in compliance with Rule 3.1312. Analysis: As alleged in Plaintiff's First Amended Complaint, Plaintiff and Jennifer Vertz entered into a domestic relationship in 2012. In or around October 2013, Plaintiff and Jennifer Vertz jointly purchased a single- fami...

Excerpt: ...ant under Code of Civil Procedure ("CCP") S 2030.290, (2) Plaintiff's motion to compel of documents ("RPODs") from Defendant under CCP S and (3) Plaintiff's Motion to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. The Motions are GRANTED. Defendant shall serve verified responses to FIS and RPODs, free of objections, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions ...

Excerpt: ...is SUSTAINED. (See People v. Ferguson (1982) 129 Cal.App.3d 1014, 1024; People v. McVey (2018) 24 Cal.App.5th 405, 415.) Plaintiff's objection number 2 to County's supplemental memorandum is SUSTAINED the supplemental memorandum violates the 75-day rule of ccp S As to the moton for summary judgment of Plaintiff's claims, Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As t...

Excerpt: ...at Defendant holds a deed of trust ("DOT") on the Property securing a loan to Plaintiff ("the Loan"), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaint...

Excerpt: ...ng the putative Class for settlement purposes; 5. Approving the Class Notice and plan for distribution of the Class Notice to Class Members; and 6. Scheduling a Final Approval Hearing. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for November 15, 2023, at 3:00 p.m., in Department 18. BACKGROUND Redwood Oil Company, Inc. ("Defendant") employed Plaintiffs and approximately 1,231 Class Members. Plaintiffs claimed Defenda...

Excerpt: ... entitled to seek is instead an order deeming the RFAs admitted. Sanctions of awarded to Plaintiffs as explained herein. Facts and History Alleging that they own a mobilehome (the "Mobilehome") which they obtained on the death of their parents, the previous owners, Plaintiffs complain that Defendants, who own and operate the mobilehome park (the "Park") in which the Mobilehome is located, have wrongfully and illegally taken possession and control...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ... for their depositions, which shall take place in the next 60 days. Sanctions are granted in the total amount of 95M) On April 18, 2023, Plaintiff served notices to take the depositions of Defendants Jamie and Sami Halteh on May 23, 2023. (Kayne decl., 94.) On May 1, 2023, attorney Christopher Daley of the firm Phillips Spallas & Angstadt LLP, counsel for Jamie Halteh and Sami Halteh, confirmed in a telephone call with Plaintiff's counsel's colle...

Excerpt: ...D FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements ...

Excerpt: ...he motion is DENIED without prejudice. CCP S 664.6(a) provides: "If parties to #nding litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until #...

Excerpt: ...ant motion to declare Defendant a vexatious litigant under Cal. Code of Civil Procedure ("CCP"), S 391. The moton is GRANTED. Governing Law The vexatious litigant statutes were created to curb misuse of the court system by those acting in pro per who repeatedly relitigate the same issues. Hupp v. Solera Oak Valley Greens Ass'n. (2017) 12 Cal.App.5th 1300, 1311. "These persistent and obsessive litigants' abuse of the legal system 'not only wastes ...

Excerpt: ...ter the judgment was entered in 2016 per her interest in the property. The Petition is GRANTED in part, and DENIED in part without prejudice. Relevant Law Under CC section 2924j(a), absent an interpleader action, within 30 days of execution of a trustee's deed resulting from a sale with proceeds remaining after payment of the creditor, etc., the trustee must send notice to all persons with recorded interests in the property. Subdivision (b) requi...

Excerpt: ...ed as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. However, the Court recently sustained the demurrer as to all causes of action within the FAC with leave to amend. This matter is on calendar for Defendant's motion for protective order under CCP SS 2030.090, 2031.060, and 2033.080. The Motion is GRANTED until such time that the pleadings are settled. Governing Authorities "C...

Excerpt: ...for ejectment, partition, quiet title, injunctive relief and unjust enrichment, for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC has a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals alleging causes of ac...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...'s previous analysis. While such statement of non-oppositon alone would be sufficient basis on which to sustain the demurrer, the Court has still analyzed the sufficiency of the facts newly alleged in the Second Amended Complaint and finds that they do not adequately plead this matter outside of the Worker's Compensation Exclusivity Rule. The Court notes that Plaintiff did not file any opposition to the first orthe second demurrer. Defendant's co...

Excerpt: ...23, the Dutts filed a cross-complaint against Montmorency alleging causes of action for quiet title, breach of contract/specific performance, declaratory relief, and breach of contract/specific performance (water rights). The cross-complaint alleges that the Dutts are owners of property located at 1400 Alexander Valley Road in Healdsburg ("Dutt Property" or "1400 AVR") and Montmorency is the owner of property located at 1410 Alexander Valley Road...

Excerpt: ...de S 1793.2(d)) (against Manufacturer); 2) breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b)) (against Manufacturer); 3) breach of express warranty through failure to maintain sufficient service literature and replacement parts under the Act (Civ. Code S (against Manufacturer); 4) breach of implied warranty under the Act (against Manufacturer); 5) fraudulent inducement — concealment (against Manufa...

Excerpt: ...Court 3.1312. Procedural History This action arises from a landlord-tenant relationship established through a written residential lease entered into by Plaintiffs and Defendants. (Motion to Strike ["MTS"I, 4:3-10.) Plaintiffs brought a complaint alleging two causes of action against Defendants for breach of contract and breach of the covenants of good faith and fair dealing, and later filed the FAC adding a third cause of action for intentional i...

Excerpt: ...ode Civ. Proc. ("CCP") S 435. The motion is GRANTED without leave to amend. Motions to Strike A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CC...

Excerpt: ...n of Documents Nos. 1-3, 9, 14-16, 31-33, 37-96, 107 and 108, and (3) Motion to Compel Defendant General Motors LLC, Further Responses to Special Interrogatory Nos. 14, 40-45, and 55. Defendant opposed all three motions by contending Plaintiff failed to meet and confer in good faith, that all its responses are proper, and Plaintiff improperly seeks trade secret material. Plaintiff does not seek sanctions in any motion. The Court also received a r...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ... the Court must approve contracts with third parties before the partition referee enters them, pursuant to CCP S 873.110. This is inaccurate. The statute says that the Court may authorize or approve contracts of the referee with third parties. It is not required. Rather, the "referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court." (CCP S 873.060.) The Court sees no compelling reason to r...

Excerpt: ...ng the hearing on this motion, the motion will be GRANTED. The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., S 2025.280(a).) The party noticing the dep...

Excerpt: ...ation agreement. (Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption...

Excerpt: ...mplaint contains causes of action for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendant's motion for stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote j...

Excerpt: ...at Delaware Law applies to this case and that Section 5712 does not prevent a party from renewing a request for reallocation of arbitration expenses. Thereafter, citing California authority, Plaintiff argues that the court has the inherent authority to modify the order to arbitrate as it sees fit. In its order to compel arbitration, this court noted that the parties' LPA states at secton 19.9 that it is governed by the Delaware Revised uniform Li...

Excerpt: ... to state facts sufficient to constitute a cause of action. No opposition was filed. The Demurrer is SUSTAINED with leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP S 430.30(a). "On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. [Citation.] 'A dem...

Excerpt: ...verly Consumer Warranty Act, Civ. Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Repair Facility). Plaintiff purchased a 2020 Nissan Sentra (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration...

Excerpt: ...sts whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclus...

Excerpt: ...are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...

Excerpt: ...lleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...

Excerpt: ...23. On November 23, 2022, Quantum Mechanical served its Document Requests, Set Two to Plaintiff. Plaintiff requested an extension of time to respond, to which Quantum Mechanical agreed, and Plaintiff provided responses on January 4, 2023. Plaintiff's responses to the items at issue in this motion stated that Plaintiff would produce responsive documents which were not privileged or protected. On January 11, 2023, after the cut-off for discovery pr...

Excerpt: ...ed grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges eight causes of action against all Defendants in this case: Whistleblower Retaliation; Gender Discrimination; Gender Harassment; Retaliation; Failure to Take Steps Necessary to Prevent Gender Discrimination, Harassment, or Retaliation; Negligent Hiring, Su...

Excerpt: ...issions is GRANTED. Plaintiff's request for sanctions is GRANTED but reduced to the amount of $1,500 total for costs and fees incurred in bringing both motions. The Court finds that $1,500 is reasonable compensation for the motions and reasonable deterrence for future discovery violations. Procedural History This action involves a breach of warranty claim pursuant to the Song-Beverly Consumer Warranty Act involving Plaintiffs vehicle. (Motion to ...

Excerpt: ...nt under Code of Civil Procedure ("CCP") S 2031.310. The Mohon is DENIED in part. Plaintiff's request for sanctions is GRANTED in part. The matter is also on calendar for two motons to seal portions of certain filings and exhibits. Plaintiff has filed a motion to seal certain portions of their reply to the already adjudicated summary judgment motion, and their opposition to Defendant's motion for leave to amend. The motions are DENIED. Law Govern...

Excerpt: ...") admitted under CCP S 2033.280. Plaintiff only requests that answers be compelled to interrogatories if the RFAs are not deemed admitted. The unopposed Motion is GRANTED. Plaintiff's motion to deem admissions admitted is GRANTED. Defendants shall attend a properly noticed deposition from Plaintiff within thirty (30) days' notice of this order. Defendants shall pay $2,391.00 to Plaintiff within 10 days' notice of this order. Governing Law Regard...

Excerpt: ...ch 10, 2023. See CCP Section 683.170(b)(60 days). Defendant adds five days for mailing pursuant to CCP section 1013(a). Sixty-five (65) days after March 10, 2023, is Sunday, May 14, 2023. This moton was filed on May 12, 2023—63 days after the notice of renewal of judgment was mailed. Without citing authority, Plaintiff argues that this motion had to be filed within 30 days. The applicable statute states otherwise. 2. Timeliness arguments on the...

Excerpt: ...urrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is SUSTAINED without leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP S 430.30(a). "On a demurrer a cour...

Excerpt: ... action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments plea...

Excerpt: ...ard as a class, defined as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Defendant's demurrer to Plaintiff's First Amended Complaint is SUSTAINED with leave ...

Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant." CCP S 583.310. "An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." CCP S 583.360 (a). "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expr...

Excerpt: ...August 1, 2022, they entered into a Retail Installment Sales Contract — Simple Finance Charge with Arbitration Clause (the "Contract") and Redwood assigned the Contract to Defendant Community First Credit Union ("CFCU"). However, the Truck allegedly began suffering from electrical malfunctions within one day of purchase so on August 2, 2022, August 8, 2022, and August 22, 2022, they tendered the Truck to Redwood for repair. Redwood, however, ha...

Excerpt: ... the real property commonly known as 2814 Audubon Court, Santa Rosa, CA 95403. (undisputed Material Fact "LIME" 1.) Green Rock II, LLC assigned the beneficial interest under the DOT to Defendant, IRP Fund II Trust 2A ("IRP Fund") in September 2018, via an Assignment of Deed of Trust, which was recorded on May 28, 2019. (UMF, 2.) IRP Fund substituted Entra Default Services, LLC ("EDS") as the foreclosure trustee under the DOT, Via a Substitution o...

Excerpt: ... beverages which it had purchased. Defendants never appeared so the original Plaintiff then obtained a default against them on May 5, 2017, followed by a judgment against them on May 15, 2017. The Plaintiff later brought a motion to compel responses to post-judgment discovery, which the court granted in February 2018. The court issued an order for examination ("OEX") for September 17, 2018, but the judgment debtors failed to appear for the OEX an...

Excerpt: ... Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this achon to collect the debt, allegedly $3,209.31, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on March 30, 2021 and obtained a default judgment against them on April 2, 2021 for $4,649.36. Plaintiff brought a motion to amend the judgment to correct the names of judgment debtors and the court eventually gra...

Excerpt: ...he court "shall" deem the requests admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220"). Sanctons of $590 awarded to Defendant against Plaintiff, as explained herein. Motion to Compel Discovery Responses from Plaintiff Karishma Crooke and Request for Mon...

Excerpt: ...ing under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties... (Italics added...

Excerpt: ...022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Motion Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream's Dismantl...

Excerpt: ...er responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. Prior to the filing of this motion, Plaintiff had provded a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension on the time to file their motion to...

Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the l...

Excerpt: ...tion for summary adjudication of Plaintiff's cause of action for negligence based upon theories of vicarious liability, negligent hiring and retention, and negligent training is GRANTED. The motion as to the issues of negligent and negligence based upon duties imposed by the parties' special relationship are DENIED. Plaintiff John Dæ ("Plaintiff) alleges in his complaint that Defendant operated a facility for the care of sexually and physically ...

Excerpt: ...n", together with 275, "Defendants"), and Does 2-20 with one cause of achon for declaratory relief (the "Complaint"). Walden moves to quash service of summons under Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that the Court cannot proceed without Walden, and the Court lacks personal jurisdiction over 275 due to its status as a terminated business entity. Walden has been added as Doe 1 after this motion was filed. Governing Law T...

Excerpt: ...from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022 with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant to respond was September 13, 2022, and Defendant has ser...

Excerpt: ...s ("Steve") (collectively, "Defendants") by which Defendants agreed to make certain payments to Plaintiff in return for Plaintiff's consulting services, complains that Defendants failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the allege...

Excerpt: ....1312. Underlying Facts: The underlying matter arises out of a contract between Plaintiff, Michael Papenhausen (hereafter "Papenhausen"), and Defendants, Michael Funez and Linda Pardini (hereafter "Owners") for Papenhausen, as the general contractor, to reconstruct Owners' residence following the Tubbs Fire. In preparation for this project, Papenhausen entered into a subcontract with Cross-Defendant, Henris Supply, Inc. dba Henris Roofing Co. (he...

Excerpt: ...ement of the settlement agreement is resolved, either of the parties may seek to have this matter reinstated and to have the current pending motions placed back on calendar. Analysis: Uponor has moved for a stay of the current proceedings pending the outcome of the related case in SCV- 272688, wherein Uponor has filed a complaint for enforcement of the settlement agreement purportedly reached between Uponor and the Plaintiffs. The purported settl...

Excerpt: ...lainant"). Cross-complainant has in turn filed a cross- complaint ("Cross-complaint") against both Plaintiff and Angela DeCarli (together with Plaintiff, "Cross- Defendants"). This matter is on calendar for Cross-complaint's moton which seeks relief from mistake related to the filing of the first amended cross-complaint ("FACC") pursuant to California Code of Civil Procedure ("CCP") S 473(b). The motion is DENIED. Procedural History On February 2...